Didier Reynders Commissioner-Designate for Justice

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Background

Didier Reynders, the former Belgian Deputy Prime Minister and Minister for Foreign Affairs and Defence, was proposed as Commissioner-Designate for Justice. He received a positive response from the Committee on Civil Liberties, Justice and Home Affairs (LIBE), and the Committee on Legal Affairs (AFCO) at a hearing on 2 October 2019. The Internal Market and Consumer Protection Committee (IMCO) was also present.

If confirmed as Commissioner for Justice, Mr Reynders (Renew Europe), would work under the guidance of the Vice-President for Values and Transparency, Věra Jourová, and would be supported by the Directorate-General for Justice and Consumers.

Mr Reynders began by clarifying his stance on the allegations of corruption and money-laundering that were made against him. He continued to deny all of the allegations and made it clear that the Belgian King’s Attorney, in full agreement with the Attorney General, had dismissed the file.

Key Priorities

Mr Reynders was handed a strong and wide-reaching mandate by the President-elect of the European Commission, Ursula von der Leyen, to: uphold the rule of law; implement the General Data Protection Regulation (GDPR); establish the European Public Prosecutor’s Office (EPPO); reinforce consumer protection; improve judicial cooperation between the Member States; contribute to the work of the Security Union in the fight against extremism and terrorism; contribute to the legislation on the ethical implications of artificial intelligence (AI); protect the rights conferred by EU citizenship; and empower consumers through company law.

1. Upholding the Rule of LawThe Commissioner-Designate was very clear that his number one priority, in line with the mandate set out by Ursula von der Leyen, is to uphold the rule of law across the European Union, stating that there can be no democracy and respect for fundamental rights without respect for the rule of law.

Mr Reynders said that he will ensure that a comprehensive European Rule of Law Mechanism will be established in 2020 which will have an annual review process. This mechanism will produce an annual report, assessing how Member States are performing on this issue and will be backed-up by the Justice Scoreboard. This monitoring process will

Key Hearings at the EP - Didier Reynders

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cover all Member States but will look specifically at Member States that have been at risk of rule of law breaches recently.

In accordance with his mandate, Mr Reynders said that he wants to promote a rule of law culture across the Member States and that it is essential that the European Parliament and the Council of the EU are fully involved. Mr Reynders pledged to work closely with national parliaments to develop the rule of law culture.

2. Judicial CooperationMy Reynders called for national judicial systems to evolve in line with global and technical advancements, strengthening judicial cooperation in civil and criminal matters. He said strengthening judicial cooperation between the Member States and harmonising national legal systems while respecting legal traditions is vital to providing freedom and security for European citizens.

3. European Arrest WarrantOnce the comprehensive assessment of the European Arrest Warrant is complete, Mr Reynders said he would consider a proposal on revising the European Arrest Warrant. He also stated that he will consider whether infringement proceedings are necessary considering the compliance assessment.

4. European Public Prosecutor’s OfficeFollowing the approval of Ms Laura Codruţa Kövesi as the European Public Prosecutor, a priority for the Commissioner-Designate is to make the European Public Prosecutor’s office fully operational. Mr Reynerds said that his aim is to modernise justice systems and integrate new technologies which will create more effective and accessible justice for citizens.

5. General Data Protection RegulationThe Commissioner-Designate outlined his aim to fully implement the legal framework around the GDPR and to ensure that fundamental rights are protected in the digital age. Mr Reynders said that the EU will continue to promote its standards and values internationally in reference to the GDPR’s focus on the terms under which data is stored globally.

6. Artificial IntelligenceMr Reynders briefly mentioned that he will work with colleagues across the Commission to develop a coordinated approach to the human and ethical implications of AI, stating that, despite the opportunities presented by new technologies, trust and security will remain the priority.

7. Company LawIn line with Ms von der Leyen’s mandate, the Commissioner-Designate stated that company law could be key to promoting the shift to a more sustainable economy and that it should work for small and medium-sized business to make informed sustainable choices.

Consumer ProtectionMr Reynders said that informed customers acting together can help to create a sustainable economy and that he would like to see the swift adoption of the collective redress directive. He emphasised that it is important to be vigilant about the quality of goods and to protect vulnerable consumers who may be misled by dishonest vendors.

“Mr Reynders said that he wants to promote a rule of law culture across the Member States and that it is essential that the European Parliament and the Council of the EU are fully involved. He pledged to work closely with national parliaments to develop the rule of law culture”

Key Hearings at the EP - Didier Reynders

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Relevance for Ireland

Ireland will be particularly interested in the areas of judicial cooperation, the possible review of the European Arrest Warrant and ensuring the full implementation of the GDPR. The prominent role of the Irish Data Protection Commissioner, with the presence of so many tech multinationals in Ireland, is likely to be happy with the focus on the completion of the GDPR. With Brexit looming, the Irish Government is also likely to be pleased with increased awareness around judicial cooperation and the harmonisation of judicial systems, reinforcing the links in place with other Member States ahead of some of the reliance on the British systems.

Overall assessment

The Commissioner-Designate was very comfortable and assured in his opening address and answered the questions comprehensively. Some MEPs were unhappy with his answers, but he was concise with his responses and stuck closely to the mandate given to him by President-elect von der Leyen. Mr Reynders outlined his ambitions for his term as Commissioner and pledged to work with the other EU institutions to deepen European integration. He said that it is important to get “more and better” from Europe and to challenge the fractured, unstable world around the EU. Mr Reynders was very outspoken in his desire to work against those who use populist and nationalist rhetoric and against those who wish to dominate rather than cooperate. Finally, he said that the common goal of the Commissioners-Designate is to protect the achievements of the EU, protect the common values, support multilateral institutions, achieve sustainable growth and maintain social progress.

“With Brexit looming, the Irish Government is also likely to be pleased with increased awareness around judicial cooperation and the harmonisation of judicial systems, reinforcing the links in place with other Member States ahead of some of the reliance on the British systems. ”